Preparing You to File a Hassle-Free Underinsured Motorist Lawsuit 2024

When one gets involved in a vehicular accident, it’s natural to get frustrated with questions and indecisions on what to do next, how to pay for the damages, medical bills, and more. However, in circumstances where an underinsured motorist driver hit you or a loved one, it is possible to claim for compensation by filing an underinsured motorist lawsuit.

Who is an underinsured motorist?

An underinsured motorist is one who does not have enough insurance to cover all costs and losses resulting from the accident. An underinsured motorist is different from an uninsured motorist or one who has no insurance policy at all.

The very purpose of a car insurance policy is to compensate the not at-fault driver for all the property damages or medical bills incurred from the accident. According to a 2021 report from the Insurance Research Council, about 1 in 8 drivers don’t carry car insurance. So what are your rights if you are injured in a car crash caused by a motorist whose insurance is not enough to pay for all the losses?

Often, those involved in a car accident can be stuck with some hefty out-of-pocket expenses such as medical bills, damages, and health insurance deductibles. Fortunately, faultless drivers have a number of options to protect themselves from possible financial ruin and receive fair compensation. For example, they may file an Underinsured Motorist Lawsuit.

What to do when hit by an underinsured motorist?

If you were hit by an underinsured motorist driver, you can:

  • File a lawsuit against the at-fault underinsured driver. However, this is not recommended if the driver doesn’t have adequate finances to pay your damages. 
  • File a claim under the underinsured motorist provision of your automobile insurance policy within 30 days of the accident. 
  • File a claim if the at-fault driver doesn’t have enough coverage under their policy. 
  • File a claim if the at-fault driver doesn’t have any car insurance. 

Expect the insurance companies to conduct a proper investigation to determine the damages, liability, and compensation in underinsured motorist insurance

The underinsured motorist coverage pays you for all the medical bills and other expenses you incurred if you are in a car accident caused by:

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  • A driver who doesn’t carry any liability car insurance.
  • A driver who doesn’t have enough liability insurance to cover your medical bills.
  • A driver whose insurance company denies coverage or goes out of the business.

How insurance coverage helps your financial burdens

If you have underinsured driver coverage in your auto insurance, you can easily make a claim against your insurer up to your coverage limit. However, expect that the insurance company will likely oppose your claim. Therefore, you should consider them an adversary.

As your insurer, they do have certain rights arising from your contract with them. A trusted underinsured motorist lawyer in Philadelphia can handle these types of cases against underinsured motorist carriers effectively and successfully.

Note that underinsured motorist claims are different from actions against the defendant’s liability carrier and require knowledgeable Pennsylvania lawyers to navigate the case. Here, you can expect the insurance company to investigate your medical treatment, injuries, and other details related to the crash. They will defend the case against you in court and arbitration.

underinsured motorist lawsuit

Can I sue the at-fault driver?

Yes. The faultless driver can easily sue the at-fault driver, particularly in circumstances where the at-fault driver has deep pockets and can cover your bills and expenses right away with their own money. However, it might be challenging to prove that drivers without liability insurance have incredible wealth.

Therefore, the top lawyers in Pennsylvania won’t recommend you to first file a lawsuit against an at-fault driver. Instead, skilled and experienced lawyers will suggest you claim the uninsured motorist provision of your car insurance policy.

The main purpose of an uninsured motorist claim and Underinsured Motorist Lawsuit is to compensate the faultless driver for the damage and expenses suffered in the accident. It helps the faultless driver to recover all the financial losses that they suffered before the accident. Therefore, if filed properly with help from an efficient uninsured or underinsured motorist lawyer in Philadelphia, the uninsured motorist claim will help you get fair compensation. Such compensation should cover all your losses, including out-of-pocket expenses you incurred for medical bills and damages.

5 steps in filing an underinsured motorist claim

If an at-fault driver has car insurance but doesn’t have enough coverage to pay for all losses, you can still file an underinsured motorist claim. Have you decided to sue underinsured drivers? Here are five steps to take when filing an underinsured motorist claim.

  1. Get the “consent to settle” document from the underinsured motorist carrier.
  2. Take a copy of the declarations page of the liability insurance company.
  3. Send the declarations page along with the release to the underinsured motorist carrier.
  4. Sign the release from the liability insurance company.
  5. Gather all the medical bills and records and send them to the underinsured motorist carrier.

Deadlines to file underinsured motorist lawsuit

It’s vital to act quickly when filing an uninsured motorist claim. It gives your insurance company notice immediately to file the claim. In a standard filing procedure, the time is limited, and in other cases, a policyholder may only have up to 30 days to file an underinsured (UM) claim. Therefore, if your car insurance policy contains an uninsured motorist provision, you should sue the at-fault driver as quickly as you can after you discover that the at-fault driver contains a limited policy or no car insurance policy at all.

Compensation for underinsured motorist

Some expenses or losses that directly result from the accident can be compensated by an underinsured claim. These include:

  • Funeral expenses.
  • Lost wages if you cannot work because of the accident. 
  • Pain and suffering compensation. 
  • Medical bills. 

If you want a lawyer who cares about you and the outcome of your underinsured motorist lawsuit, choose Ethen Ostroff. He and his professional connections ensure you get every dollar possible for what you went through. Ask an experienced Philadelphia lawyer to go through the details of your claim today!

Why choose Ethen Ostroff Law firm

Many prospective clients are not aware of what they are required to do. After you suffer a serious injury because of the fault of another, you deserve compensation for the property damages, medical bills, potential lost wages, and pain and suffering you incurred. 

We know where to look and how to obtain fair compensation and how to ensure that you get it. Our underinsured motorist lawyer in Philadelphia knows how to file a hassle-free claim on your behalf, including all the right documents on time. We understand the value of our client’s claims and we can negotiate for a fair settlement. Call Ethen Ostroff today to book your free consultation.

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